HomeMy WebLinkAbout1981-02-12fl.
MINUTES
REGULAR CITY COUNCIL MEETING
THURSDAY, FEBRUARY 12, 1981—
CITY HALL COUNCIL CHAMBERS
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I. CALL TO ORDER
Mayor Wilson called the Regular Meeting of the Palm Desert City
Council to order at 7:00 p.m. on Thursday, February 12, 1981, in City
Hall Council Chambers.
II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore James E. McPherson
III. INVOCATION - Councilman Alexis Newbrander
IV. ROLL CALL
Present:
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Mayor Pro-Tempore James E. McPherson
Councilman Alexis D. Newbrander
Councilman Romeo S. Puluqi
Councilman Walter H. Snyder
Mayor S. Roy Wilson
Also Present:
Martin J. Bouman, City Manager
David J. Erwin, City Attorney
Carlos L. Ortega, Assistant City Manager
Ray Diaz, Director of Environmental Services
Barry McClellan, Director of Public Works
Paul E. Byers, Director of Finance
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
VI. CONSENT CALENDAR
A. MINUTES of the Regular Meeting of the City Council of
January 22, 1981.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos.
81-072, 81-073, and 81-074.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Ernest L. &
Shirley McCleary and Dennis and Wilman Parrish For PORTO
di ITALIA, 73-703 Highway 111, Palm Desert, California.
Rec: Receive and file.
D. MINUTES OF THE BUILDING BOARD OF APPEALS & CONDEMNATION MEETING
Of Thursday, January 8, 1981.
Rec: Receive and file.
E. LETTER FROM MR. H. W. DUNIVANT, 72-692 Pitahaya, Palm Desert,
Relative To Sunline Service.
Rec: Receive and refer to Sunline Board for inves-
tigation.
February 12, 1981
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VI. CONSENT CALENDAR (Continued)
F. LETTER FROM RICHARD I. ROEMER, Attorney, Relative to CUP 07-77
and Proposed Work on the Palm Valley Storm Drain.
Rec: Receive and refer to the Department of Public Works.
G. REQUEST FROM POMONA FIRST FEDERAL SAVINGS & LOAN ASSOCIATION
For Exemption of Business License Tax and Retund of Pro-Rata
Share Paid For 1981.
Rec: Approve the request and authorize the refund of
$116.79.
H. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS For Contract No. 1039,
Street Improvement Project on Las Palmas Avenue, Las Flores Lane,
San Gorgonio Way, and Royal Palm Drive.
Rec: Approve the request and authorize the City Clerk
to advertise for bids.
I. REQUEST FOR BOND REDUCTION FOR TRACT NO. 13008, Southwestern
Enterprises, Inc., Applicant.
Rec: Approve the request and authorize the reduction
of the Faithful Performance Bond from $1,293,000
to $647,000.
J. CLAIM AGAINST THE CITY By Walter Z. Baro, M.D., 5475-B Paseo
del Lago East, Laguna Hills, California 92653, In An Unspeci-
fied Amount.
Rec: Deny the Claim and authorize the City Clerk to
so advise the Claimant.
K. REQUEST FOR APPROVAL OF REDUCTION IN BUILDING PERMIT FEES
By Mr. Ron Cathcart, 74-395 Buttonwood Street, Palm Desert.
Rec:
Approve the request and authorize a 507 reduction
in building permit fees and waive fees for plan
checking.
Councilman Newbrander removed Item "E" for discussion under Section
XI of the Agenda.
Councilman McPherson moved and Councilman Snyder seconded to
approve the balance of the Consent Calendar as presented. Motion carried
unanimously.
VII. ORAL COMMUNICATIONS - A
None
VIII. PUBLIC HEARINGS
A. CASE NOS. C/Z 01-80, C. ROBERT HUBBARD, J. E. RAPKIN, B. SOLOMON,
APPLICANTS: CONSIDERATION OF A REQUEST FOR APPROVAL OF A CHANGE
OF ZONE FROM PR-5 N, S.P. (PLANNED RESIDENTIAL, 5 D.U./AC., MAXI-
MUM DENSITY NATURAL FACTORS/RESTRICTED DEVELOPMENT AND SCENIC
PRESERVATION OVERLAY) (4.6 ACRES) TO C-1 N, S.P. (GENERAL COM-
MERCIAL) AND FROM PC (4), S.P. (PLANNED RESORT COMMERCIAL,
SCENIC PRESERVATION OVERLAY) (7.3 ACRES) TO C-1 N, S.P. AND
FROM PR-5 N (1.3 ACRES) TO PC (4) N, S.P. AND FROM PR-5, N
(.44 ACRES) TO C-1 N, S.P. AND CERTIFICATION OF A FINAL
ENVIRONMENTAL IMPACT REPORT AS IT PERTAINS THERETO AND CON-
SIDERATION OF AN APPEAL OF PLANNING COMMISSION APPROVAL OF
A DEVELOPMENT PLAN, CONDITIONAL USE PERMIT AND CERTIFICATION
OF A FINAL EIR AS IT PERTAINS THERETO, TO ALLOW CONSTRUCTION
OF A 144 UNIT HOTEL, 65 UNIT CONDOMINIUM, A 40,000 SQ. FT.
SUPERMARKET, 5,000 SQ. FT. RESTAURANT, AND 70,000 SO. FT.
COMMERCIAL/FINANCIAL COMPLEX ON 30 ACRES LOCATED AT THE
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February 12, 1981
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VIII. PUBLIC HEARINGS (Continued)
A. CASE NOS. C/Z 01-80 (Continued)
NORTHEAST CORNER OF HIGHWAY 111 AND DEEP CANYON ROAD.
(Case No. C/Z 01-80 Continued from Meeting of January 22, 1981.)
Mayor Wilson reviewed the procedure for the Public Hearing and
declared the Hearing open. He called for Staff's report.
Mr. Diaz gave an indepth review of the Staff Report (on file
and of record in the City Clerk's Department) which justified
Staff's findings and recommendations of approval.
Mayor Wilson invited input from the applicant.
MR. BERNARD SOLOMON addressed Council stating his concurrence
with the Staff Report and recommendation.
He reviewed the history of the request and stated that changes
had been made to their development plan as a result of both
public input and findings made in the Environmental Impact
Report. He pointed out that the City, through the Redevelop-
ment Agency, would receive tax increment monies as a result
of the development, not to mention the sales tax money to
the City.
Mr. Solomon submitted a petition of individuals in favor
of the development (attached and made a part hereof as
Exhibit "A").
Mayor Wilson invited input in FAVOR of the request, and the
following individuals spoke:
MR. ENOS REID, Reid, Babbage & Coil, Attorneys at Law,
addressed Council on behalf of the applicant. He stated
he was present merely to answer questions about procedural
law involved and that he would be happy to address that if
questions arose. He felt that the Staff Report very ade-
quately addressed the issues of the case, and that the
changes made by the developer had met the concerns of the
people.
MR. RAY NORTON, Desert Sun Complex.
MR. RAY FARRELL, 48-842 Acacia, Palm Desert.
MS. SHIRLEY CHAPNICK, 189 Chamonix, Palm Desert.
Mayor Wilson invited input in OPPOSITION to the request, and
the following people spoke:
MR. RAY DIAZ read a letter from Mr. Zachary Sacks, Santa
Monica, California (attached and made a part hereof as
Exhibit "B").
MR. CHARLES BERWANGER, Attorney for the Appellants, addressed
Council and read letters in opposition from the following
individuals (attached and made a part hereof, as Exhibit "C"):
1. Mr. Roy Rottner, 922 North Vine Street, Los Angeles
2. Ms. Ann Macomber, 44-711 Monaco Circle, Palm Desert.
3. Ms: Beverly Ann Clark, 44-671 Monaco Circle, Palm Desert.
Mr. Berwanger stated that his clients were concerned with
the environmental affects the project would have on the
area, particularly as it involved noise, traffic, property
values, vandalism, etc. He reviewed the purpose of an EIR
and in particular as it related to the responsibility of
the party preparing the report to meet with interested citi-
zens to make sure the report responded to their concerns.
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VIII. PUBLIC HEARINGS (Continued)
A. CASE NOS. C/Z 01-80 (Continued)
He stated that this had not been done in that the report
did not address mitigation measures, specifically as it
related to drainage, and traffic.
Mayor Wilson interrupted at this point to advise Mr.
Berwanger that the proposed resolution of approval did
specifically address mitigation of problems brought out
in the EIR in that the resolution provided for specific
conditions of approval which set forth when and what
had to be done. Mr. Berwanger responded that he had
not had a chance to read that material.
He continued that another defect of the EIR's cumulative
impact was other developments that will come along after
to further increase traffic and drainage. He mentioned
an inadequate amount of parking for the project to accom-
modate both employees and customers. He concluded by
stating that the residents complained about their lack
of input on this project; had they had it, they would not
be present in opposition.
MR. WAYNE BARLOW, 44-685 Monaco Circle, Palm Desert, stated
that no one had seen fit to discuss the project with the
residents and that there had been a plan in between the
initial one and the one being presented that had been
acceptable to them. He opposed the Change of Zone in that
the developer knew the zoning when he bought it, and a change
would depreciate their property values. He felt a solution
was to require the developer to meet with and negotiate with
surrounding property owners to come up with mitigation measures.
The following individuals also spoke in opposition with regard
to traffic, vandalism, noise, drainage, and their lack of
input:
DR. BARRY WOODS, 44-775 Deep Canyon Road, Palm Desert, read
a resolution in opposition signed by himself and Stan Mascher,
44-775 Deep Canyon Road (attached and made a part hereof as
Exhibit "D").
MR. CURT KOPIC, 74-079 Orin Circle, Palm Desert.
MR. PETER LEGGETT, 682 Monaco Circle, Palm Desert.
MR. TOM SHULTIS, 44-681 Monaco Circle, Palm Desert.
MR. GARY GOUDSWAARD, 44-755 Deep Canyon, Palm Desert.
MS. MARIAN KENNY, 44-835 Deep Canyon, Palm Desert.
MS. JAN KOPIC, 74-079 Orin Circle, Palm Desert.
MS. JERRI SHERMAN, 44-566 Monaca Circle, Palm Desert..
MS. ELIZABETH BARLOW,.44-635 Monaco Circle, Palm Deert.
MR. JAMES CLARK, Hidden Palms.
MS. MARIAN SHULTIS, 44-681 Monaco Circle, Palm Desert.
MS. GWEN CARTER, 44-379 Monaco Circle, Palm Desert.
Mayor Wilson asked for rebuttal by the applicant.
MR. BERNARD SOLOMON stated that they had in fact contacted
property owners, some of which were members of the Board at
Hidden Palms and that changes were made to the project as
a result of public input.
MR. ENOS REID stated that the public hearing was part of
democracy and the American way. He stated that no one has
the right to say how his neighbor's property is zoned. It
must be decided what is best overall and best for Palm Desert.
MS. CHARLOTTE ANDERSON, 44-099 Orin Court, Palm Desert stated
that adequate notice had not been given for Board presentation.
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February 12, 1981
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VIII. PUBLIC HEARINGS (Continued)
A. CASE NOS. C/Z 01-80 (Continued)
Mr. Diaz stated that from the comments made by the appellant's
attorney, Staff would recommend a two -week continuance to allow
them to respond to the issues raised in writing.
Mayor Wilson declared the Public Hearing closed.
Dave Erwin, City Attorney, advised that the EIR must be acted
on before any of the other issues could be acted on.
Councilman Puluqi stated he was ready to make a decision and
felt Council should go ahead and act on all requests.
Mayor Wilson reopened the Public Hearing and asked the applicant
his feeling relative to a continuance. Mr. Solomon responded that
although the issues raised had been addressed in the Conditions of
approval, he could understand that law required they be addressed
and answered. Thus he would go along with the continuance.
Mayor Wilson declared the Public Hearing closed and reopened it
for the appellant's attorney.
1 Councilman McPherson moved and Councilman Newbrander seconded to
continue the matter to the Council Meeting of February 26, 1981. Motion
carried on a 4-1 vote with Councilman Puluqi voting NO.
B. CASE NO. TT 16396, WATT INDUSTRIES/PALM SPRINGS, STAN MORSE, CE,
APPLICANTS: CONSIDERATION OF APPROVAL OF A 139 LOT TENTATIVE
SUBDIVISION MAP TO ALLOW THE CONSTRUCTION OF 128 SINGLE FAMILY
ZERO LOT LINE DWELLING UNITS AND ASSOCIATED RECREATIONAL AMENI-
TIES ON 18.72 ACRES WITHIN THE R-2 (6), S.P. ZONE, (SINGLE
FAMILY RESIDENTIAL, ONE UNIT PER 6,000 SQ. FT. OF LOT AREA,
SCENIC PRESERVATION OVERLAY) LOCATED AT THE NORTHEAST INTER-
SECTION OF 44TH AVENUE AND THE PALM VALLEY STORM CHANNEL.
(Continued from Meeting of January 8, 1981.)
Mayor Wilson declared the Public Hearing open and asked for
Staff's report.
Mr. Diaz stated that the applicant had submit a request that
that matter be continued indefinitely. He pointed out that
the applicant had been advised that there was a one-year
time limitation from the date of the Planning Commission
action.
MR. BOWANGER stated that these comments relative to the
EIR had been made to the Planning Commission by his
associate, Mr. Winfield. Mr. Diaz responded that the
comments had not been made at the Commission meeting.
Mayor Wilson closed the Public Hearing. He stated that he felt
legally Council had to continue the matter because of the questions
raised on the EIR.
Mayor Wilson invited input in FAVOR and OPPOSITION to the request,
and none was offered. He declared the Public Hearing closed.
Councilman Snyder moved and Councilman McPherson seconded to remove
the item from the Agenda with no action taken. Motion carried unanimously.
Mayor Wilson noted that the item would have to be readvertised before it
could be placed on a Council Agenda in the future.
February 12, 1981 Page 5
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VIII. PUBLIC HEARINGS (Continued)
C. CPS; NO. TT 17104, LEWIS HOMES OF CALIFORNIA, APPLICANT: CON-
SIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP
TO ALLOW SUBDIVISION OF 31 EXISTING DUPLEX LOTS INTO A ONE LOT
SUBDIVISION OF 16 PHASES (62 AIR SPACE UNITS) ON 9.3 ACRES
WITHIN THE R-2 (5) S.P. (SINGLE FAMILY RESIDENTIAL, ONE UNIT
PER 5,000 SQ. FT. OF LOT AREA, SCENIC PRESERVATION OVERLAY)
ZONE, GENERALLY LOCATED AT THE NORTHWEST CORNER OF RUTLEDGE
WAY AND PORTOLA AVENUE.
Mayor Wilson declared the Public Hearing open and asked for
Staff's report.
Mr. Diaz reviewed the Staff report, pointing out that the
resolution should be amended to reflect 16 one -lot subdivi-
sions. Staff recommended approval of the request.
Mayor Wilson invited input from the applicant.
MR. BILL SULLIVAN, Project Manager, Lewis Homes, gave a
history of the project and stated his concurrence with
Staff's recommendation.
Mayor Wilson invited input in FAVOR and in OPPOSITION to the request,
and none was offered. He declared the Public Hearing closed.
Councilman Puluqi moved and Councilman McPherson seconded to waive
further reading and adopt Resolution No. 81-19, as amended. Motion carried
unanimously.
D. CASE NO: ZOA 05-80, CITY OF PALM DESERT, APPLICANT: CONSIDERA-
TION OF AN AMENDMENT TO MUNICIPAL CODE, CHAPTER 25.18, REGARDING
CONDITIONALLY PERMITTED USES IN THE R-2 ZONE (SINGLE FAMILY
RESIDENTIAL DISTRICT).
Mayor Wilson declared the Public Hearing open and asked for Staff's
report.
Mr. Diaz reviewed the report. It was pointed out at this time
that the Agenda reflected Ordinance No. 244 when it should be
Ordinance No. 245.
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Mr. Bouman requested that the wording of Section "N" of
Exhibit A of the ordinance be changed to read "across the
street or across the alley from commercially zoned property".
Mayor Wilson invited input in FAVOR of the request.
MR. DEAN COLE, 74-110 Catalina Way, Palm Desert, addressed
Council expressing his concurrence with the Staff's report.
Mayor Wilson invited input in OPPOSITION to the request, and none
was offered. He declared the Public Hearing closed.
Councilman McPherson moved and Councilman Snyder seconded to waive
further reading and pass Ordinance No. 244 as amended to second reading.
Motion carried unanimously.
E. CASE NO. ZOA 06-80, CITY OF PALM DESERT, APPLICANT: CONSIDERA-
TION OF AN AMENDMENT TO MUNICIPAL CODE, CHAPTER 25.20, REGARDING. —
CONDITIONALLY PERMITTED USES IN THE R-3 ZONE (MULTI -FAMILY
RESIDENTIAL DISTRICT).
Mayor Wilson declared the Public Hearing open and asked for Staff's
report.
Mr. Diaz reviewed the report noting the same amendment would
apply as did to Ordinance No. 245 and that this was Ordinance
No. 244 being proposed.
February 12, 1981
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VIII. PUBLIC HEARINGS (Continued)
E. CASE NO. ZOA 06-80 (Continued)
Mayor Wilson invited input in FAVOR or OPPOSITION to the request,
and none was offered. He declared the Public Hearing closed.
Councilman McPherson moved and Councilman Puluqi seconded to waive
___further reading and pass Ordinance No. 244 to second reading. Motion carried
unanimously.
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F. CONSIDERATION OF AN EIGHT -MONTH EXTENSION OF THE TIME-SHARING
MORATORIUM, CITY OF PALM DESERT, APPLICANT.
Mayor Wilson declared the Public Hearing open and asked for Staff's
report.
Mr. Diaz reviewed the report. Mayor Wilson noted that he had
received a letter from Mr. Dick Sparks, Palm Desert Board of
Realtors, wherein he requested that an advisory committee be
formed to assist Council in setting guidelines relative to
timesharing. Councilman McPherson offered to act as Council
liaison to the committee.
Mayor Wilson invited input in FAVOR or in OPPOSITION to the request,
and none was offered. He declared the Public Hearing closed.
Councilman Newbrander moved and Councilman McPherson seconded to
waive further reading and adopt Ordinance No. 246 as an Urgency Ordinance,
effective immediately. Motion carried unanimously.
IX. RESOLUTIONS
A. RESOLUTION NO. 81-20 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 80-137,
ADOPTING A TABLE OF CLASSIFIED POSITIONS AND SALARY RANGE
ASSIGNMENTS FOR CITY EMPLOYEES, BY ADDING ONE NEW CLASS TITLE
AND DELETING ONE CLASS TITLE.
B. RESOLUTION NO. 81-21 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 80-138
AND THUS ESTABLISHING A REVISED TABLE OF AUTHORIZED POSITIONS
FOR THE 1980-81 FISCAL YEAR.
Mr. Bouman stated that these two resolutions should be con-
sidered together. He stated the the budget amendment pro-
vided for a new position in the Public Works Department of
Associate Engineer. These resolutions would accomplish this
addition as well as the deletion of Inspector Trainee.
Councilman McPherson moved and Councilman Newbrander seconded to
waive further reading and adopt Resolutions 81-20 and 81-21. Motion carried
unanimously.
C. RESOLUTION NO. 81-22 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1980-81 BUDGET
FOR CURRENT OPERATING PURPOSES.
Mr. Bouman gave an indepth report on the budget amendments
as proposed in the resolution and recommended Council's approval.
Councilman McPherson moved and Councilman Snyder seconded to waive
further reading and adopt Resolution No. 81-22. Motion carried unanimously.
D. RESOLUTION NO. 81-23 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A COOPERATIVE AGREE-
MENT WITH THE COUNTY OF RIVERSIDE FOR FIRE PROTECTION SERVICES.
Mr. Bouman reviewed the provisions of the resolution and the
agreement which was a part of it. He stated Staff had nego-
tiated with the County after Council's action at their last
February 12, 1981
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IX. RESOLUTIONS (Continued)
D. RESOLUTION NO. 81-23 (Continued)
meeting, and this seemed most agreeable for the City.
Councilman Newbrander moved and Councilman Snyder seconded to
waive further reading and adopt Resolutions 81-23, 81-24, and 81-25.
Motion carried on a 4-0-1 vote with Councilman Puluqi ABSENT. Mayor
Wilson asked that the record show the Councilman Puluqi had left the
Chambers.
E. RESOLUTION NO. 81-24 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A LEASE TO THE COUNTY
OF RIVERSIDE OF A SNORKEL TRUCK FOR FIRE PROTECTION SERVICES.
Staff report given and action taken under Item D as all Items
D, E. & F were related.
F. RESOLUTION NO. 81-25 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROPRIATING FUNDS FROM THE
"SPECIAL FIRE TAX" FOR FIRE PROTECTION SERVICES DURING THE
PERIOD AUGUST 1, 1980, THROUGH JANUARY 31, 1981.
Staff report given and action taken under Item D as all Items
D, E, & F. were related.
G. RESOLUTION NO. 81-26 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY ENGINEER
TO EXECUTE A RIGHT-OF-WAY CERTIFICATION IN CONNECTION WITH THE
TRAFFIC SIGNAL AT MONTEREY AVENUE AND 44TH AVENUE.
Mr. Bouman explained that this step was necessary in order
to finalize the installation of the subject traffic signal.
Councilman Snyder moved and Councilman Puluqi seconded to waive
further reading and adopt Resolution No. 81-26. Motion carried unanimously.
Mayor Wilson asked that the record reflect that Councilman Puluqi had
returned to the Chambers prior to discussion and action on this resolution.
X. ORDINANCES
For Introduction:
A. ORDINANCE NO. 247 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AND DESIGNATING
CHAPTER 17 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM
DESERT PLUMBING CODE" WITH CERTAIN ADDITIONS, DELETIONS, AND
AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND CONDITIONS
SET FORTH IN THAT CERTAIN CODE ENTITLED, "UNIFORM PLUMBING CODE,
1979 EDITION", INCLUDING THE APPENDICES THEREIN CONTAINED,
PROMULGATED AND PUBLISHED BY THE INTERNATIONAL ASSOCIATION
OF PLUMBING AND MECHANICAL OFFICIALS.
Mr. Bouman explained that this and the next ordinance were
in the series of ordinance updates to bring our Municipal
Code into compliance with the Uniform Building Code.
Councilman McPherson moved and Councilman Newbrander seconded to
waive further reading and pass Ordinance No. 247 to second reading. Motion
carried unanimously.
B. ORDINANCE NO. 248 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AND DESIGNATING
CHAPTER 19 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM
DESERT SWIMMING POOL CODE" WITH CERTAIN ADDITIONS, DELETIONS,
AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND CON-
DITIONS SET FORTH IN THAT CERTAIN CODE ENTITLED, "UNIFORM
February 12, 1981
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X. ORDINANCES (Continued)
For Introduction (Continued)
B. ORDINANCE NO. 248 (Continued)
SWIMMING POOL CODE, 1979 EDITION", INCLUDING THE APPENDICES
THEREIN CONTAINED, PROMULGATED AND PUBLISHED BY THE INTER-
NATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS.
Councilman McPherson moved and Councilman Puluqi seconded to waive
further reading and pass Ordinance No. 248 to second reading. Motion
carried unanimously.
For Adoption:
A. ORDINANCE NO. 242 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AND DESIGNATING
CHAPTER 18 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM DESERT
MECHANICAL CODE" WITH CERTAIN ADDITIONS, DELETIONS, AND AMEND-
MENTS, THE RULES, REGULATIONS, PROVISIONS, AND CONDITIONS SET
FORTH IN THAT CERTAIN CODE ENTITLED, "UNIFORM MECHANICAL CODE,
1979 EDITION", INCLUDING THE APPENDICES THEREIN CONTAINED,
PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS.
Councilman McPherson moved and Councilman Puluqi seconded to waive
further reading and adopt Ordinance No. 242. Motion carried unanimously.
B. ORDINANCE NO. 243 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE THE
1979 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, HEREINAFTER DESIGNATED AS CHAPTER 21 - PALM DESERT
MUNICIPAL CODE.
Councilman McPherson moved and Councilman Newbrander seconded to
waive further reading and adopt Ordinance No. 243. Motion carried unani-
mously.
XI. CONSENT ITEMS HELD OVER
E. LETTER FROM MR. H. W. DUNIVANT Relative to Sunline.
Councilman Newbrander stated that she had received complaints
about Sunline's service in that reservations had to be made a
day in advance and that the lines were always busy or not
answered. Councilman McPherson stated that he was the repre-
sentative on the Sunline Board and that he would assume the
responsibility of investigating the complaints and making
a report to Council.
XII. NEW BUSINESS
A. REQUEST FOR REVERSAL OF DECISION BY TECHNICAL TRAFFIC COMMITTEE,
CHAPMAN COLLEGE, APPLICANT.
Mr. Bouman stated that he had attended the Traffic Committee
meetings where this item was discussed twice and that the com-
mittee had taken a position which was bolstered by a represen-
tative from the State about guidelines for signs of this nature.
This was that the signs were not valid for the purpose requested.
DR. JERRY MEINTZ, Chapman College, addressed Council and gave
a step-by-step history of the sign. He stated his feeling that
people could not find the school without signage and further
that the City had an obligation as public servants to assist
the college.
Mr. Tim Johnson, 43-101 Portola Avenue, Palm Desert, expressed
his concurrence with Mr. Meintz.
February 12, 1981 Page 9
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XII. NEW BUSINESS (Continued)
A. CHAPMAN COLLEGE REQUEST (Continued)
Mayor Wilson advised that he was on an advisory board for
Chapman College and asked if there was a conflict. The
City Attorney advised that there was no technical conflict.
Councilman Newbrander moved to uphold the findings of the Technical
Traffic Committee. Motion failed for lack of a second.
Councilman Snyder stated input had been received from not
only the State but from the City's own advisory committee
and that the evidence was against the request. He felt
it was the Council's responsibility to look at the matter
in the whole and make an appropriate decision for everyone.
Mayor Wilson stated that there was a precedent in that C.O.D.
had a sign. There also is a sign advising the location of
City Hall.
Mr. Bouman stated that the comments contained and mentioned
in Mr. Meintz's letter were not made at the Technical Traffic
Committee. The Committee considered the case on its own
merits and acted on guidelines set forth.
Councilman Puluqi stated he felt that in order to get 1,000
students which would then provide them with the qualifications
the state required for signage, they needed a sign in the first
place. He emphasized his support of schools and higher educa-
tion
Councilman Newbrander moved and Councilman Snyder seconded to
uphold the findings of the Technical Traffic Committee. Motion carried
on the following vote:
AYES: Newbrander & Snyder
NOES: Wilson
ABSTAIN: McPherson & Puluqi
B. REQUEST FOR APPROVAL OF NUISANCE ABATEMENT CONTRACT.
Mr. Bouman reviewed the purpose of the proposed contract.
Councilman Puluqi moved and Councilman Snyder seconded to approve
the proposed Nuisance Abatement Contract and authorize the City Clerk
to advertise for bids. Motion carried unanimously.
XIII. CONTINUED BUSINESS
None
XIV. OLD BUSINESS
None
XV. ORAL COMMUNICATIONS - B
MR. MEINTZ addressed the Council stating his concern over their
decision against the sign.
Councilman Puluqi stated at this point that he did not realize
his abstention would be an affirmative vote.
Mr. Meintz stated that he had statistics proving that thousands
were trying to reach his school and could produce a survey to
that effect. Council requested that he meet with the City Manager
with such a study and if such facts existed, the matter could be
submitted for further approval. Mr. Meintz stated that he would
contact Mr. Bouman for an appointment.
February 12, 1981
Page 10
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XV. ORAL COMMUNICATIONS - B (Continued)
MR. RALPH WOOD, 72-902 Roy Emerson Drive, Palm Desert, addressed
Council expressing his admiration for their willingness to establish
a committee to review time-sharing. He also addressed the issue of
signs along Highway 111 and stated that as Vice Chairman of the
Street Landscaping Committee, he could state that they would be
looking at this matter closely too.
XCVI. REPORTS AND REMARKS
A. CITY MANAGER
1. Mr. Bouman requested that the Council make a determination
for use of the City's 7th year H.C.D. Entitlement.
Councilman McPherson moved and Councilman Puluqi seconded to
authorize the City's seventh year entitlement of $79,095 for widening and
improvement of San Pablo, with the understanding that the rest of the funds
will be budgeted in the City's 1981/82 fiscal year budget. Motion carried
unanimously.
2. MASTER ENVIRONMENTAL ASSESSMENT
Mr. Bouman reported that Gary Wiedle, Executive Director
of CVAG, had reported on the MEA in Study Session and
requested that action be taken so that he could present
it to the Executive Committee on February 24, 1981.
Councilman McPherson moved and Councilman Snyder seconded as
follows:
To approve the concept of participating in the ongoing computer
application of the Coachella Valley Master Environmental Assess-
ment with a new private sector firm to be established to process
MEA planning work.
To agree to process all Environmental Assessments except those
that are categorically exempt under the provisions of CEQA
through the new corporation which will be known as the Coachella
Valley Land Information Center.
To agree to fund a share of the amount that will be needed by CVAG
to provide for a Growth Monitoring System as an added component
of the MEA and the first year maintenance fees. CVAG will share
in the revenue that is collected by the Coachella Valley Land
Information Center for processing planning work, and it is
expected that the City s share of the maintenance fees will be
able to be returned to the City by CVAG after the first year
of operation.
Motion carried unanimously.
3. RESOLUTION NO. 81-27 - A RESOLUTION OF THE CITY COUNCIL
Ur int ULLA Ur ?LAM DESERT, CALIFORNIA, AUTHORIZING
ACCEPTANCE AND RECORDATION OF DEED FOR A PARK SITE OF
APPROXIMATELY SIX (6) ACRES ADJACENT TO SAN PABLO AVENUE
NORTHERLY OF AVENUE 44.
Councilman Snyder moved and Councilman Newbrander seconded to
waive further reading and adopt Resolution No. 81-27. Motion carried
unanimously.
B. CITY ATTORNEY
1. ORDINANCE NO. 252 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, RELATING TO ANIMAL CONTACT
AND CONTROL AND ADOPTING ORDINANCE NO. 255 OF THE COUNTY OF
RIVERSIDE, AS AMENDED, AND ORDINANCE NO. 534 OF THE COUNTY
OF RIVERSIDE, AS AMENDED, RELATING THERETO.
Councilman Newbrander moved and Councilman Snyder seconded to waive
further reading and pass Ordinance No. 252 to second reading. Motion carried
unanimously.
February 12, 1981
MINUTES
REGULAR CITY COUNCIL ME,_ it
* * * * * * * * * * * * * x-1c * ** * * * * * * * * *
XVI. REPORTS AND REMARKS (Continued)
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
Mayor Wilson asked that everyone note the future meetings listed
on the Agenda.
XVII. ADJOURNMENT
Councilman McPherson moved and Councilman Snyder seconded to
adjourn the meeting. Motion carried unanimously. Mayor Wilson
adjourned the meeting at 10 : 45 p.m.
S . R WIl15,lON , "MAYOR
ATTEST:
SHEILA R. -GILLIGAN , Cr' ' ULLA&
February 12, 1.981 Page 12
. MINUTES
REGULAR CITY COUNCIL ,ETING
EXHIBIT "A"
PETITION
TO: City Council
City of Palm Desert
SUBJECT: CASE NO. C/Z 01-80 DP 07-80, CUP 07-80
We. the undersigned respectfully request you to consider favorably the
approval of the subject request for zone change and development plans.
We are of the opinion that the development proposed would be an asset
to our City, provide funding for services we require, and offer con-
veniences and advantages to all residents.
/c4,
,',:74;.2r
r--. cR 1.„-tJ
r
ADDRESS
1 , r ! .,
February 12, 1981
Page 13
MINUTES
REGULAR CITY COUNCIL MEETING
% • is 'n it :: :r :: ;r :r :: * * n :r ;:
EXHIBIT "A"
PETITION
TO: City Council
City of Palm Desert
SUBJECT: CASE NO. C/Z 01-80 DP 07-80, CUP 07-80
We. the undersigned respectfully request you to consider favorably the
approval of the subject request for zone change and development plans.
We are of the opinion that the development proposed would be an asset
to our City, provide funding for services we require,and offer con-
veniences and advantages to all residents.
NAME
ADDRESS
(?.,K: c"?
February 12, 1981
Page 14
MINUTES
REGULAR CITY COUNCIL MEETING
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' f :�f �: .. it :: . .. if :�f .. .. :: . .. .. * if if : i. i. .. :. :: is
EXHIBIT "A"
PETITION
TO: City Council
City of Palm Desert
SUBJECT: CASE NO. C/Z 01-80 DP 07-80, CUP 07-80
We, the undersigned respectfully request you to consider favorably the
approval of the subject request for zone change and development plans.
We are of the opinion that the development proposed would be an asset
to our City, provide funding for services we require, and offer con-
veniences and advantages to all residents.
/ NAME 7
it .4 iy C 'rjef4.%C,
T6Y1 !1d.....,'
&7'11i7a
ADDRESS
i9a?)„!�'tPL�1'�,�,/Y�':� -
y ( N
7 2 - y )-
6d9 Yvon .5 .
l3 -- LLi t)
-44 % /./ ] i lz-tE ze-LC, /"Cr (.//
�C.44-e,
7.3 -/3 r %l.. ctd..
3 F- tftr w,eer �.?�•
February 12, 1981 Page 15
MINUTES
REGULAR CITY COUNCIL MEETING
* * * * ;': .. *
* 'n * * 'n * * is J: * * *
ZACHARY H. SACKS
MICHAEL R. BAGBY
JEFFREY Y. SOLOMON
OSCAR J. RIVERA. JR.
PHILIP GANNAM
Of COUNSEL
NED P. REILLY
ROBERT HUTSON
EXHIBIT "B"
ZACHARY H. SACKS
February 9, 1981
Palm Desert Planning °Omission
Palm Desert City Hall
Palm Desert, California 92270
Gentlemen:
EL PASEO PLAZA
2121 CLOVERFIELD BOULEVARD
SUITE 120
SANTA MONICA. CALIFORNIA 90404
(213) 879-3646
�• r"1.i 9 S 1
Re: Development at Highway 111 and Deep Canyon Rd.
Please consider this an expression of formal opposition
to the proposed development of the corner property at the intersection
of Highway 111 and Deep Canyon Road which also abuts property that we
own in Hidden Palms.
I have expressed my opposition and conveyed same to Mr. Barlow,
who speaks for my interests and those of the other property owners in
Hidden Palms.
Very truly yours,
LAW OFFICES OF ZACHARY H. SACKS
A Professional Corporation
G---2achary Hb- Sacks
ZHS:db
Enclosure: Proxy
cc: Wayne E. Barlow, Esq.
2049 Century Park East, Suite 870
Los Angeles, California 90067
(w/encl)
February 12, 1981
Page 16
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REGULAR CITY COUNCIL -.;FETING
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EXHIBIT "C"
ROY ROTTNER & ASSOCIATES
,♦ J: is - - --s •♦ ,�
922 NORTH VINE STREET, SUITE 200 • LOS ANGELES, CALIFORNIA 90038 • 1213) 465-2125
Commission Chairman
Palm Desert Planning Commission
Palm Desert, California
Dear Sir:
February 6, 1981
re: Hubbard Development I rdT
I am a resident of the Hidden Palms Estates and reside at
44-269 Nice Court, Palm Desert, California. Having purchased
my property as both a vacation home and of that as a potential
investment in September 1979. I chose the community of Palm
Desert to invest in because of the mode of life expressed in
the area surrounding the Hidden Palm Estates and felt quite
comfortable initially.
I have been informed of the Hubbard Development of late and
of some of the situations going on which could hinder not only
my investment but that of how I feel in the area and its
future, my wife Gerlinde L. Rottner is of the same opinion.
I am deeply concerned of facts related to me in which one Mr.
Solomon knownonly to me as a developer in the Hubbard Development
and the attitude of the Planning Commission have been with
relation to representitives of Hidden Palms Estates and their
counsel Mr. Tom Winfield.
The objection I currently observe of the Hubbard Development
is that a common ground cannot be reached with respect to the
needs of the community through its representitives and Mr. Solomon
and the Palm Desert Planning Commission. I do not feel it fair
or democratic that the views of the local residents cannot be
considered with the future plans of the Hubbard Development.
I am not denying the Hubbard people their right to develop but
feel the rights of the local residents must be respected and that
fair treatment of all concerned be accorded.
Since I am a member of the Community and am concerned for its
future,.I insist and demand that the Planning Commission live up
to its responsibility to hear fairly ALL SIDES concerning this
vital issue.
Respectfully,
Roy Rottner
February 12, 1981
Page 17
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EXHIBIT "C"
February 12, 1981
Mr. Paul Williams
Palm Desert Planning Commission
45-275 Prickly Pear Lane
Palm Desert, California 92260
Dear Mr. Williams:
I am a homeowner in the Hidden Palms development. My address
44-711 Monaco Circle. I am most concerned about the proposed
zoning changes and the impending plans for development of the
corner of Highway 111 and Deep Canyon backing up onto the
Hidden Palms project. Until there is further clarification
of what exactly the developers intend to do, and how they
intend to construct a buffer zone between the residential
area of Hidden Palms and the backside of their development
I wish to go on record as being opposed to any zoning
changes. I have written you before that I am in opposition
to this project.
Thank you,
A".-1 c-/I-74/
Ann Macomber
44-711 Monaco Circle
Palm Desert, Ca.
February 12, 1981
Page 18
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EXHIBIT "C"
I
February 8, 1981
Mr. Paul Williams
Palm Desert Planning Commission
45-275 Prickly Pear Lane
Palm Desert, California 92260
Dear Mr. Williams,
This is the second letter I am writing to you regarding
the proposal of a development adjacent to Hidden Palms
Condominium Project. The case numbers as stated in your
notice to me are CUP 07-08, DP 07-80, E.I.R. 80-01. I
stated in my letter of May 29th I was opposed to the
development as proposed as it would not be in accord with
the existing residential.
I am most concerned that the developers have made no effort
to meet with our committees to review plans for the proposed
project and that they also have made no efforts to assure
the residents of Hidden Palms that their homes would not be
surrounded by trash receptacles, loading docks and subjected
to commercial noises. There are quite a few children living
in Hidden Palms and I am also concerned about the attractive
nuisance being behind such a development would cause to the
children.
I would very much like to attend the meeting on Feb. 12 but
cannot due to previous commitments out of town. I wish to
go on record as a home owner opposing any zoning change.
Sincerely,
Beverly Ann Clark
44-671 Monaco Circle
Hidden Palms
Palm Desert, California 92260
1
February 12, 1981 Page 19
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EXHIBIT "D"
TO: CITY OF PALM DESERT DATE: JANUARY 14, 1981
RE: A.REQUEST FOR APPROVAL OF A CHANGE OF ZONE AND CERTIFICATION OF A
FINAL ENVIRONMENTAL IMPACT REPORT AS IT PERTAINS THERETO FOR A
PORTION OF 30 ACRES LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 111
AND DEEP CANYON ROAD.
CASE NOS. C/Z 01-80 and EIR 80-01
WHEREAS: I/We are residents, property owners, tax payors and otherwise
concerned citizens of the City of Palm Desert, California and
WHEREAS: I/We are in opposition to the C. Robert Hubbard et al development
also known as "The Fountains of the City of Palm Desert". and
WHEREAS: The primary reasons for said opposition are:
1. Location of the proposed Market at the corner of Deep Canyon
Rd. and Highway 111.
2. Increased and hazardous traffic conditions to the residents
of Deep Canyon Rd.. Particularly owing to the location of
the proposed Market and the ingress/egress of the driveway
to this facility.
3. The annoyance of the parking lot lighting, disturbing the
privacy of the home owners of Deep Canyon Rd. and the owners
of the Hidden Palms Development.
4. The noise levels of traffic both Highway and within the
parking facilities.
5. The annoyance and inconvenience of being burdened with
shopping carts and litter, both in and on private property,
also the possible hazards to traffic.
6. The encouragement of vandalism to the residents by patrons
and non -patrons of this facility.
7. The inadequate Fire Protection (one Engine non -operable to
service the City of Palm Desert, for which the home owners
are taxed monthly).
8. The inadequate Police Protection (two Patrol cars to service
the City of Palm Desert).
9. The already existing inadequate Flood Control to residents on
Deep Canyon Rd. and repair work from last year not satisfied.
10. The actual need of the citizens of Palm Desert for another
Supermarket in the area.
BE IT RESOLVED THAT: The residents are not in opposition to the development
of the property at the corner of Deep Canyon Rd. and Highway 111,
but rather to the type of development planned and its effect upon
property values and safety to the surrounding area.
FURTHER: The resident citizens would prefer the placement of the proposed
Resort Motel d Fine Restaurant on the corner of Deep Canyon Rd.
on Hignway 111, thereby, placing the proposed Market further
ast on Highway 111.
February 12, 1981 Page 20
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REGULAR CITY COUNCIL MEETING
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EXHIBIT "D"
EXECUTED BY THE FOLLOWING HOME OWNERS AND RESIDENTS OF THE CITY OF
PALM DESERT, CALIFORNIA.
NAM
.2l
Respectfully submitted.
ADDRESS:
•
February 12, 1981
Page 21